RS 15:587.1.2

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RS 15:587.1.2

§587.1.2. Provision of information to protect children who receive services at a therapeutic group home

A.(1) As provided in R.S. 40:2008.10, the Louisiana Department of Health shall request in writing that the bureau supply information to ascertain whether the persons listed in Paragraph

(2)of this Subsection have been arrested for or convicted of, or pled nolo contendere to, any criminal offense. The request shall be on a form prepared by the bureau and signed by a responsible official of the Louisiana Department of Health making the request. The request shall include a statement signed by the person about whom the request is made which gives his permission for such information to be released.

(2)(a) The persons to which this Section applies include:

(i)Any person who owns, operates, or manages a licensed therapeutic group home.

(ii)Any person who has applied for a license to operate a therapeutic group home.

(iii)Any person who is employed by, is contracted by, volunteers at, or interns with a therapeutic group home.

(iv)Any person who has applied to be employed or contracted by a therapeutic group home.

(v)Any person who has applied to volunteer or intern with a therapeutic group home.

(b)This Section shall not apply to contractors and other individuals providing a service at the therapeutic group home who are not employees, volunteers, interns, or contracted members of the staff of the therapeutic group home, including but not limited to plumbers, landscapers, or visiting resources.

(3)In responding to a request for information as provided for in Paragraph

(1)of this Subsection, the bureau shall make available a record of all criminal arrests and convictions of the person prior to the date of the request.

(4)The Louisiana Department of Health, as recipient of the information from the bureau, shall maintain the confidentiality of such criminal history information in accordance with applicable federal or state law.

B.(1) Upon receiving a request pursuant to the provisions of R.S. 40:2008.10 that meets the requirements of Subsection A of this Section, the bureau shall survey its criminal history records and identification files and make a simultaneous request of the Federal Bureau of Investigation for like information from other jurisdictions. The bureau shall provide a report promptly and in writing, but provide only such information as is necessary to specify whether or not that person has been arrested for or convicted of or pled nolo contendere to any crime or crimes, the crimes for which he has been arrested or convicted or to which he has pled nolo contendere, and the date or dates on which they occurred.

The report provided pursuant to the provisions of this Subsection shall include arrests, convictions, or other dispositions, including convictions dismissed pursuant to Code of Criminal Procedure Article 893 or 894.

(2)(a) When an individual's record contains information which has been expunged, the bureau shall include in its report to the Louisiana Department of Health the date of the arrest and a notation that the individual's record contains information which has been expunged and that the requestor may contact the bureau in order to obtain further information regarding the expunged information.

(b)The bureau shall establish policies and procedures by which the Louisiana Department of Health may be furnished with expunged information. These policies and procedures shall not require the Louisiana Department of Health to personally appear at the office of the bureau in order to obtain access to the expunged information.

(c)The Louisiana Department of Health shall maintain the confidentiality of the information as provided by law, and the expunged information shall not be deemed a public record.

C. The costs of any criminal background check which is required under this Section or R.S. 40:2008.10 shall be the responsibility of the therapeutic group home.

D. The Louisiana Department of Health may adopt rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Section, including requirements and provisions for utilizing the criminal history information. The department may utilize the process provided in R.S. 49:962 for adoption of the rule.

Acts 2019, No. 243, §1, eff. June 11, 2019; Acts 2021, No. 211, §2.